Draft publishing contract (for authors)- comments invited

Research Cooperative
15/11/12 03:04:19PM
@chief-admin

This is a draft contract I have composed for my employer. Any comments on this are welcome at any time (positive or negative).

Thanks, Peter

Publishing contract (for authors)

This contract is between the undersigned and the (Publisher), a public organisation with a mandate to publish academic and educational materials under YY copyright law. For authored books, edited books, whole issues in a series, and individual articles (in printed and digital formats), the Publisher claims copyright for the work as a whole, in the printed and digital formats published by the Publisher (these formats include use of the Publisher logo, layout, and house-style). For the content of each individual, authored contribution (book, monograph in a series, or article), authors automatically retain all author copyrights, use rights, and moral rights.

Please read this publishing contract carefully, before signing. For more explanation, especially regarding author rights, see: [Publisher URL] This contract should be signed at the time of submission, and will take effect from the time that your work is accepted for publication. The Publisher will notify you when the work has been accepted, after our review process is completed. If acceptance is conditional, and revision is needed, the contract will take effect from when the revised version has been accepted.

This contract is between the Publisher and the sole author or corresponding author. The corresponding author is responsible for seeking permissions from all co-authors (if any) for the Publisher to publish and use the work submitted (see note on uses by the Publisher, below). Copies of this contract will be sent by the Publisher to all coauthors. The sole author or corresponding author is also responsible for seeking permissions to use any text, photo, figure, or other material for which author rights or copyrights belong to third parties.

1. Title of the submitted work: ________________________________________________________________________________________

If this title is changed as a result of the review and revision process, this contract will apply to the article under its new title.

2. Author(s): ___________________________________________________________________________

3. Intended publication: _______________________________________________________________

4. The Publisher requests: a free and indefinite (open period) license to use individual published works in the following ways, from the date of publication: (a) Storage and transmission to the public via the XXXX Academic Repository (an open access, free, online archive) in the form of PDF copies of individual articles or of entire published volumes. (b) Storage and free, open, access to the public via a printed version in our library, where the work (or parts of the work, if it is a book) may be copied for personal study or for teaching purposes. (c) Republication in a reprinted volume, an anthology, or an exhibition catalogue published by the Publisher, in physical or digital formats. (d) Display, projection, or republication, in full or in part, for educational purposes, inside the Publisher, for workshop displays, conference displays, exhibitions, leaflets, and other non-standard formats.

5. The undersigned hereby confirms that: (a) he/she has read this entire document, (b) is sole author or corresponding author for the above work, (c) the work is original, and has not been previously published in its present form, (d) all necessary permissions to publish the work and parts therein have been obtained, (e) the above request for license is accepted, and (f) no part needs to be excluded from the uses outlined above (unless indicated otherwise with attached details).

Signature:

Date: (day/month/year)

Author name: Attachments?: YES NO (circle one)

Full address:

Research Cooperative
16/11/12 10:47:37PM @chief-admin:

Dear Glenda,

Your comments are all very helpful.

I guess in (4) we should clarify that the museum requests permission in advance for further non-commercial uses by the museum.

Perhaps 'republication' should be deleted from this list as it is something different from use of an existing publication, and authors might reasonably expect to be asked for permission for each particular instance of republication.

I wonder if we could put this request into a section on its own, and give the author the option of saying 'yes to open-ended republication' or 'republication to be negotiated case by case' by the museum, inside the publishing contract?

P.


Glenda Browne
15/11/12 03:34:30PM @glenda-browne:

Hi Peter,

Contracts are one of the biggest causes of angst to authors. Yours looks good. I've put a few comments below where I've thought 'I assume that...' Sometimes explicit mention of these things can be helpful, but OTOH, a short contract is a readable one, and clutter is to be avoided. I'd be happy to sign the contract as it is.

'For the content of each individual, authored contribution (book, monograph in a series, or article), authors automatically retain all author copyrights, use rights, and moral rights.' - I take this to mean that the author can republish elsewhere, including for a fee.

'in the form of PDF copies' - I wouldn't specify PDF - the same principle could apply to EPUB etc, and documents will be more usable if available in a range of formats.

Part 4 leaves me a bit uncertain - it seems to cover almost every imagined reuse, so it's not clear whether any uses are meant to be excluded.